(Public Comment Period)
1.
Adopt
a Resolution proclaiming September 4, 2011 - September 10, 2011 as
"Suicide Prevention Week" in Tulare County.
2.
Adopt
a Resolution proclaiming the month of September 2011 as "Alcohol &
Drug Addiction Recovery Month" in Tulare County.
3.
Authorize
the Tulare County Health and Human Services Agency, Health Services Department
to accept and spend the $2,000 grant award received from Target for the
purchase of books distributed via the Reach Out and Read Program currently in
effect in Tulare County Healthcare Centers.
4.
Public
Comments.
5.
Board
of Supervisors Matters.
6.
1:30
p.m. Joint meeting with Planning
Commission to receive an update from staff regarding staff review of comments
received on the General Plan 2030 Update Goals and Policies Report, Climate
Action Plan and Draft Recirculated Environmental Impact Report circulated for
public review March 25, 2010 to May 27, 2010. Authorize staff to release the
Final Environmental Impact Report and supporting documents to the public and
pertinent public agencies at the appropriate time in compliance with the 10 day
review period specified in Public Resources Code Section 21092.5. Authorize staff to set a public hearing
before the Planning Commission on October 19, 2011 to be conducted in a single
day, consecutive day, or two week format.
Request the Planning Commission to return recommendations to the Board of
Supervisors regarding the General Plan 2030 Update, certification of the Final
EIR, and approval of the Climate Action Plan.
9:30 A.M. – TIMED ITEMS
(Timed Items)
7.
PUBLIC
HEARING: Request from the Sheriff's Department to approve the proposed
expenditures of the Secure
Rural Schools
and Community Self Determination Act of 2000 and authorize the purchase of each
of the items on the Spending Plan.
8.
PUBLIC
HEARING: Request from the County Administrative Office to adopt a
final plan for redistricting of supervisorial boundaries.
(Consent Calendar)
CONSENT CALENDAR (Number 9 through 50)
NOTICE TO THE PUBLIC
Background information
has been provided to the board on all matters listed under the Consent
Agenda, and these items are considered to be routine by the Board. All items under the Consent Agenda are
normally approved by one motion. If
discussion is requested by any Board members on any item, that item will be
removed from the Consent Agenda if separate action is required.
|
Agricultural Commissioner/Sealer
9.
Approve
an agreement with the California Department of Food and Agriculture in the
amount of $106,263 to provide funding for European Grapevine Moth detection
trapping, retroactive to July 1, 2011 through December 31, 2011. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2011, and that it was in the County's
best interest to enter into the agreement on that date.
10.
Approve
an agreement with the California Department of Food and Agriculture in the
amount of $82,371 to provide funding for the European Grapevine Moth detection
trapping, retroactive to February 1, 2011 through June 30, 2011. Find that the Board had authority to enter
into the proposed agreement as of February 1, 2011, and that it was in the
County's best interest to enter into the agreement on that date.
11.
Approve
an agreement with the California Department of Food and Agriculture in the
amount of $40,278 to provide funding for enforcing Federal Domestic Quarantine
7 CFR 301.92 for Sudden Oak Death inspection activities, retroactive to July 1,
2011 through June 30, 2012. Find that
the Board had authority to enter into the proposed agreement as of July 1,
2011, and that it was in the County's best interest to enter into the agreement
on that date.
12.
Approve
an agreement with the California Department of Food and Agriculture in the
amount of $26,404 to provide funding for the enforcement of the California Food
and Agriculture Code pertaining to high-risk shipments of plant material and
bees, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2011, and that it was in the County's
best interest to enter into the agreement on that date.
13.
Approve
an agreement with the California Department of Food and Agriculture in the
amount of $35,178 to provide funding for the enforcing of the California
Nursery Stock Law, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2011, and that it was in the County's
best interest to enter into the agreement on that date.
Auditor-Controller/Registrar of Voters
14.
Consolidate
the District and Municipal Elections with the Consolidated Districts Election
and any other election which may be held within the jurisdiction of said
Districts on Tuesday, November 8, 2011.
Authorize the Election Official to perform all necessary and required
services to the aforementioned Districts relating to the conduct of the Special
Districts and Municipal Elections.
Consent to the consolidation of these elections and the procedures to be
used in the conduct of the consolidated election, and said consolidation shall
adhere to the following provisions and those set forth in Section 10400 and
following of the Elections Code. Agree
that each individual District shall pay for the Candidate's Statement, unless
otherwise indicated in that District's resolution calling for consolidation, or
as modified pursuant to law. Agree that
each individual District shall reimburse the County in full for the services performed
in connection with these elections, upon presentation of a bill from the
Election Official to the District.
Board of Supervisors
15.
Approve
a Resolution to support the Native American Cultural Center project in the City
of Tulare.
16.
Appoint
Mark Larsen to the Tulare County Flood Control District, Member #3, for a term
ending September 1, 2014.
17.
Appoint
Robin Skiles, Member At-Large to the Mental Health Board for a term ending
December 31, 2013 and Cheryl Perkins, Member At-Large for a term ending
December 31, 2012.
18.
Appoint
Joe Ruiz, Jr. to the Indian Gaming Local Benefit Committee, Mutually Selected
Member, for a term ending June 30, 2013.
19.
Reappoint
Angela Ruiz-Alvarez - District 4 Representative, Donnie Moore - Member at
Large, and Rev. Julie Cheney - District 5 Representative to the Tulare County
Youth Commission for terms ending June 24, 2014.
20.
Ratify
a Proclamation to recognize Sundays as "Eat Local, Buy California Grown
Day" in Tulare County.
County Administrative Office
21.
Approve
an agreement with BMY Construction Group, Inc. for the Fire Station 9 Alpaugh
Project in the amount of $334,000.
Authorize the Chairman to sign the construction agreement upon receipt
of certificates of insurance, bonds, and contract subject to review and
approval as to form by County Counsel.
District Attorney
22.
Approve
an Equitable Sharing Agreement and Certification with the U.S. Department of
Justice for Fiscal Year 2011/2012, retroactive to July 1, 2011. Find that the Board had authority to enter
into the 2011/2012 agreement as of July 1, 2011, and that it was in the County's
best interest to enter into the agreement on that date. Approve an Equitable Sharing Agreement and
Certification with the U.S. Department of Justice for Fiscal Year 2010/2011,
retroactive to July 1, 2010. Find that
the Board had authority to enter into the 2010/2011agreement as of July 1,
2010, and that it was in the County's best interest to enter into the agreement
on that date. Approve an Equitable
Sharing Agreement and Certification with the U.S. Department of Justice for
Fiscal Year 2009/2010, retroactive to July 1, 2009. Find that the Board had authority to enter
into the 2009/2010 agreement as of July 1, 2009, and that it was in the
County's best interest to enter into the agreement on that date.
General Services
23.
Approve
an agreement for Purchase of Real Property from Helmut an Ingeborg Kaunzinger
for the Avenue 416/Kings River Bridge Replacement Project in the amount of
$75,000, retroactive to August 3, 2011.
Find that the Board had authority to enter into the proposed agreement
as of August 3, 2011, and that it was in the County's best interest to enter
into the agreement on that date.
Authorize the County Administrative Officer, or his designee, to open an
escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the
amount of $76,500 in favor of Chicago Title Company.
24.
Approve
an agreement for Purchase of Real Property from Steven and Hilda Stoll for the
Avenue 416/Kings River Bridge Replacement Project in the amount of $71,850,
retroactive to August 3, 2011. Find that
the Board had authority to enter into the proposed agreement as of August 3,
2011, and that it was in the County's best interest to enter into the agreement
on that date. Authorize the County
Administrative Officer, or his designee, to open an escrow and sign all
documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the
amount of $73,350 in favor of Chicago Title Company.
25.
Approve
and ratify the agreement for Purchase of Real Property from Home Vineyard
Company for the Avenue 416/Kings River Bridge Replacement Project in the amount
of $100,000, retroactive to August 3, 2011.
Find that the Board had authority to enter into the proposed agreement
as of August 3, 2011, and that it was in the County's best interest to enter
into the agreement on that date.
Authorize the County Administrative Officer, or his designee, to open an
escrow and sign all documents to facilitate the escrow for this
acquisition. Direct the Auditor to draw
a warrant in the amount of $102,000 in favor of Chicago Title Company.
Health & Human Services Agency
26.
Approve
an agreement with Golden State Family Services, Inc. to provide Intensive
Foster Care Services, retroactive to July 1, 2011. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2011 and that it was in the County's
best interest to enter into the agreement on that date.
27.
Approve
a Memorandum of Understanding between Tulare County Health and Human Services
Agency and the University of California Berkeley Optometric Eye Center in the
amount of $15,000 for the provision of Diabetic Retinopathy Screening,
equipment, and software, retroactive to January 1, 2011. Find that the Board had authority to enter
into the proposed Memorandum of Understanding as of January 1, 2011, and that
it was in the County's best interest to enter into the Memorandum of
Understanding on that date.
28.
Approve
an amendment to Agreement No. 20039 with Clean Harbors Environmental Services,
Inc. in the amount of $155,000 to provide transportation and disposal of
household hazardous waste, retroactive to July 1, 2011. Find that the Board had authority to enter
into the proposed amendment on July 1, 2011, and that it was in the County's
best interest to enter into the agreement on that date.
29.
Ratify
and approve the license agreement with Medical Reserve Corps to allow Dr. Karen
Haught, or her appointed designee, to sign the authorization form for the use
of the logo for the Medical Reserve Corps, retroactive to August 4, 2011. Find that the Board had authority to enter
into the proposed agreement as of August 4, 2011, and that it was in the County's
best interest to enter into the agreement on that date. Ratify the signature of Dr. Karen Haught, or
her appointed designee, for the logo usage for the Medical Reserve Corps to
August 4, 2011.
30.
Approve
an agreement with Monarch Obstetrics Management Services, Inc. in an amount not
to exceed $1,533,000 ($511,000 per year for three (3) years) to provide
obstetrics coverage services from September 1, 2011 through June 30, 2014.
31.
Approve
Tulare County's California Outcomes and Accountability System County
Self-Assessment, which is part of Assembly Bill 636, better known as
California's Child Welfare System Improvement and Accountability Act of 2001 to
improve outcomes for children. Authorize
the Tulare County Health & Human Services Agency Director and the Tulare
County Probation Department Chief to sign the County Self-Assessment and submit
the proposed Tulare County Self-Assessment to the California Department of
Social Services (CDSS).
Information & Communications Technology
32.
Approve
the revision of Resolution No. 2011-0567 to revise the job descriptions for IT
Business Intelligence I/II and IT Business Intelligence III, effective July 26,
2011. Subject to meet and confer.
33.
Approve
an amendment to Agreement No. 25130 with Chicago Title to change wording of
Paragraph 3, Compensation and Costs.
Approve an amendment to Agreement No. 25131 with Data Trace to change
wording of Paragraph 3, Compensation and Costs.
Approve an amendment to Agreement No. 25132 with First American Title to
change wording of Paragraph 3, Compensation and Costs.
Probation
34.
Approve
an amendment to Agreement No. 23448 with the City of Visalia for services
provided by the Probation Department Juvenile Work Program, retroactive from
July 1, 2011 through June 30, 2012. Find
that the Board had authority to enter into the proposed agreement as of July 1,
2011, and that it was in the County's best interest to enter into the agreement
on that date.
35.
Approve
an agreement with the State of California, Corrections Standards Authority for
the Juvenile Accountability Block Grant Program, to accept funding in the
amount of $43,712, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter
into the agreement on July 1, 2011 and that it was in the County's best
interest to enter into the agreement on that date. Agree to provide all matching funds required
for said project, and abide by the statutes and regulations governing the Juvenile
Accountability Block Grant Program, as well as the terms and conditions of the
Grant Agreement as set forth by the CSA.
Find that the grant funds received hereunder shall not be used to
supplant expenditures controlled by this body.
36.
Accept
2011 Realignment Legislation (AB 109) start up funding from the State of
California in the amount of $156,035 for Fiscal Year 2011/2012 for shifting
custodial supervision responsibility for non-serious, non-violent and non-sex
offenders from the California Department of Corrections and Rehabilitation to
counties. Approve the necessary
adjustments (4/5ths vote required).
Resource Management Agency
37.
Approve
an amendment to Agreement No. 24817 with Tulare County Association of
Governments to extend the term of the agreement to December 31, 2011 for
providing transit services to the College of Sequoias, retroactive to August 1,
2011 through December 31, 2011. The amendment was proposed to the County of
Tulare without sufficient time to meet the County timeline for agenda item
submission by August 1, 2011. Find that
the Board had authority to enter into the proposed amendment as of August 1,
2011, and that it was in the County's best interest to enter into the amendment
on that date.
38.
Approve
a loan in the amount of $630,200 from the Community Development Block Grant to
Self-Help Enterprises, Inc. for the construction of the Vera Cruz Village
Apartments Rehabilitation Project in Richgrove.
The Loan Agreement is subject to County Counsel review and
approval. Authorize the Resource
Management Agency Director, or his designee, to act on behalf of the County in
all administrative matters pertaining to this agreement. Request the Auditor-Controller to issue
warrants.
39.
Approve
and award the contract to the lowest responsive and responsible bidder, Madco
Electric, Inc. of Selma, California, in the amount of $425,687.40 for
construction of a Traffic Signal at Avenue 280 and Road 180. Authorize the Chairman to sign the contract
after review and approval as to form by County Counsel and upon receipt of certificates
of insurance, bonds and evidence that the contractor possesses a valid State
Contractors License. Allow funds for a
contingency in the amount of $42,600 (10%) to cover unexpected construction
conditions.
40.
Accept
the work for construction of the Earlimart Landfill Final Closure Construction
Project as complete by Wood Bros., Incorporated of Lemoore, California. Direct the Clerk of the Board to have the
Notice of Completion recorded with the County Clerk/Recorder.
41.
Elect
to receive the "full County payment amount" in the amount of $614,831
from the Secure Rural Schools and Community Self Determination Act of
2000. Designate eight percent (8%) of
the "full County payment amount" to Title II (Special Projects on
Federal Lands) and seven percent (7%) to Title III (County Funds) for Fiscal
Year 2011/2012.
42.
Approve
an Escrow Agreement with BMY Construction Group Inc. for Security Deposits in
Lieu of Retention for the Visalia Landfill Entrance Facility and Recycling
Center Project.
43.
FOR
INFORMATION ONLY: Bid Opening Results
for Asphalt Overlay on Avenue 384 from Road 92 to Road 108:
Contractor
|
Total
|
|
Glenn Wells Construction
|
$
635,793.97
|
|
W Jaxon Baker
|
$
639,749.00
|
|
Granite Construction
|
$
679,381.65
|
|
Agee Construction
|
$
679,612.25
|
|
Lees Paving
|
$
688,771.09
|
|
Don Berry Construction
|
$
692,753.00
|
|
Teichert Construction
|
$
695,419.05
|
|
Boman Asphalt
|
$
748,885.00
|
|
|
|
|
Engineers Estimate
|
$
667,792.75
|
|
44.
Direct
the County Auditor-Controller to suspend the $12,000,000 tax increment revenue
limit established by the Cutler-Orosi Plan, Section 570.1, for the Cutler-Orosi
Redevelopment Project Area pursuant to Health and Safety Code Section 33333.8.
Direct the Tulare County Redevelopment Agency to fulfill the affordable housing
obligation.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
45.
Direct
the County Auditor-Controller to suspend the $12,000,000 tax increment revenue
limit established by the Cutler-Orosi Plan, Section 570.1, for the Cutler-Orosi
Redevelopment Project Area pursuant to Health and Safety Code Section
33333.8. Direct the Tulare County
Redevelopment Agency to fulfill the affordable housing obligation.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
CONVENE AS THE TULARE COUNTY FLOOD
CONTROL DISTRICT
46.
Rescind
Resolution No. F 72-1. Approve new
Resolution governing composition and appointment of members, and duties of the
Tulare County Flood Control Commission for the Tulare County Flood Control
District.
ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND
CONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
47.
Approve
an amendment to Agreement No. 24453 to reimburse Exeter Police Department for
services on the Tulare County Inter-Agency Narcotics Enforcement Team,
retroactive to May 15, 2011 through June 30, 2011, with funding from Tulare
County Agreement No. 24490. Find that
the Board had authority to enter into the proposed agreement as of May 15, 2011,
and that it was in the County's best interest to enter into the agreement on
that date.
48.
Approve
an amendment to Agreement No. 23280 to have a Sheriff's Deputy assigned as a
School Resource Officer at the Charter Alternative Academy for the 2011/2012
School Year, retroactive to August 8, 2011 through June 6, 2012. Find that the Board had authority to enter
into the proposed amendment as of August 8, 2011, and that it was in the
County's best interest to enter into the amendment on that date.
49.
Approve
amendments to Agreement 22949 (Alpaugh Unified School District), Agreement No.
22950 (Earlimart School District), Agreement No. 22951 (Pixley Union School
District) and Agreement No. 22952 (Tipton Elementary School District) to have a
Sheriff's Deputy to rotate as a School Resource Officer among schools in these
districts for the 2011/12 School Year, retroactive to July 1, 2011, through
June 30, 2012. Find that the Board had
authority to enter into the proposed amendment as of July 1, 2011, and that it
was in the County's best interest to enter into the amendment on that date.
50.
Accept
2011 Realignment Legislation (AB 109)
start up funding from the State of California, in the amount of $243,190
for Fiscal Year 2011/2012 for shifting custodial supervision responsibility for
non-serious, non-violent and non-sex offenders from the California Department
of Corrections and Rehabilitation to counties.
Approve a Personnel Resolution amending Fiscal Year 2011/2012 position
allocation for the Sheriff's Department, adding one Accountant III. Approve the purchase of Capital Assets which
include a transport van, convection oven, flat grill, and an 80 quart
mixer. Approve the necessary budget
adjustment (4/5ths vote required).
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
51.
Provide
direction to the Resource Management Agency in the matter of amending
Resolution No. 2010-0405 relating to how matters are referred to the
Agricultural Advisory Committee.
(Closed
Session)
CLOSED SESSION
NOTICE TO THE PUBLIC
CLOSED SESSIONS
As provided in the Ralph
M. Brown Act, Government Code sections 54950 et seq., the Board of
Supervisors may meet in closed session with members of its staff, county
employees and its attorneys. These sessions are not open to the public and may
not be attended by members of the public.
The matters the Board will meet on in closed session are identified
below or are those matters appropriately identified in open session as
requiring immediate attention and arising after the posting of the agenda. Any public reports of action taken in the
closed session will be made in accordance with Government Code sections
54957.1
|
It is the intention of the Board to meet in closed
session concerning:
Sitting as the Tulare County
Board of Supervisors
ITEM
A
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 4
Threats of
litigation in the public record regarding the proposed Tulare County General
Plan 2030 Updated and Draft Environmental Impact Report; Board of Supervisors/
Planning Commission Joint Workshop August 30, 2011
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 1
Threatened
litigation regarding supervisorial redistricting; Board of Supervisors Public
Hearing August 30, 2011
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: James Van Valkenburg vs. County of
Tulare et al.
Tulare County Superior Court Case Number 11-243113
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Cain, Jack vs. Tulare County
Tulare County Superior Court Case Number 10-239322
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: San Joaquin Valley Air Pollution Control District Notice of Violation
Case Number: S11-0533, S11-0534
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: County of Tulare vs. Jeffrey Lee Nunes, Jr., et
al.
Tulare County Superior Court 10-239660
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (c)]
Number of
Potential Cases: 3
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (c)]
Number of
Potential Cases: 3
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (c)]
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Riverside County
Sheriff's Department vs.
Jan Stiglitz, et al.
Court of
Appeal, Fourth Appellate District, Division Two Case No. E052729
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: SEIU Local 521 vs. County
of Tulare
Public
Employment Relations Board, Charge No. SA-CE-748-M
Next Item(s)
Sitting as...
ITEM
L
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Jeff Cardell,
Jean Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...